"the Agreement" means the Agreement establishing the Caribbean Examinations Council of which the text of the Articles is set out in the Schedule, and includes any Protocol thereto;

"the Council" means the Caribbean Examinations Council established by the Agreement;

"Minister" means the Minister responsible for education.

3 Certain provisions or Agreement given force of law in Jamaica

The provisions of paragraph 1 of Article VIII of the Agreement shall have the force of law in Jamaica.

4 Power of the Minister to make order

(1) The Minister may, by order, make such provisions as may be necessary for carrying into effect any of the provisions of the Agreement.

(2) Without prejudice to the generality of subsection (1) the Minister may by such order as aforesaid, implement any provision made by Protocol pursuant to paragraph 2 of Article VIII.

5 Amendment of Schedule and matters consequential on amendment

(1) Where any amendment to the Agreement is accepted by the Government, the Minister may, by order, amend the Schedule by including therein the amendment so accepted.

(2) Any order made under this section may contain such consequential, supplemental or ancillary provisions as appear to the Minister to be necessary or expedient for the purpose of giving due effect to the amendment accepted as aforesaid and, without prejudice to the generality of the foregoing, may contain provisions amending references in this Act to specific provisions of the Agreement.

(3) Every order made under this section shall be subject to negative resolution.

(4) Where the Schedule is amended pursuant to this section, any reference in this Act of any other instrument to the Agreement shall, unless the context otherwise requires, be construed as a reference to the Agreement as so amended.

6 Examination fraud

(1) Any person who, in relation to an examination conducted by or on behalf of the Council, commits an examination fraud shall be guilty of an offence against this Act and shall be liable on summary conviction in a Resident Magistrate's Court to a fine not exceeding two thousand dollars or in default of payment thereof, to imprisonment for a term not exceeding six months.

(2) For the purposes of this section, a person commits an examination fraud if he, whether by himself or in concert with others and whether as a candidate at an examination or otherwise, does anything in relation to an examination with the intention of falsifying the result of the examination.

(3) Any person who conspires with any other person to commit an examination fraud shall also he guilty of that offence.

7 Evidence of examination fraud

(1) Without prejudice to any other farm of proof, evidence of examination fraud may include-

(a) as regards a candidate at an examination-

(i) failure on his part to report to the Registrar prior to the examination any unauthorised access by him to the examination papers;

(ii) unauthorised access to text books or other relevant papers, records or apparatus during the examination;

(b) as regards any person (whether or not a candidate at an examination)-

(i) unauthorised disclosure of examination questions or papers prior to an examination;

(ii) the act of providing a candidate during an examination with unauthorised assistance of a type relevant to the candidate's performance in the examination;

(iii) representing himself at the examination to be some other person;

(iv) the offer by him of any promise of reward or any threat to an examiner to induce the examiner to make other than a fair and impartial assessment of an answer to an examination question;

(v) the act of forging, with intent to defraud or deceive, documents relating to access to an examination or to examination results, or the act of uttering any such document knowing it to be forged.

(2) For the purposes of subsection (1)-

(a) an act is unauthorised as respects any examination if it is not authorised by the Registrar;

(b) "Registrar" includes Pro-Registrar and any person duly authorised by the Registrar or Pro-Registrar to perform duties on their behalf.

8 Extra-territorial jurisdiction

(1) Anything which would constitute an offence under this Act if done in Jamaica shall also constitute an offence-

(a) if done by a citizen of Jamaica anywhere; or

(b) if done partly within and partly outside of Jamaica.

(2) Any agreement or other arrangement by a person who is in Jamaica for any person to do anything outside of Jamaica which would, if done in Jamaica, constitute an offence under this Act shall for the purposes of this Act and the law relating to conspiracy have the same consequence as would follow if what was arranged to be done were arranged to be done in Jamaica.